Chris Jones Ancestors:Information about Sarah Bell
Sarah Bell (b. March 03, 1788, d. March 07, 1873)
Notes for Sarah Bell:Nicknames Sallie
She sued for papa Francis' land when he died (if this is same Sarah, it says papa died 3/2/1839)
Guilford County - Francis Bell - 1839
NC Archives Original Estates: CR.046.508.15
[NOTES: This file is missing the final judgment/decree resolution of this case. All spelling is as found in the original documents. Added comments in brackets]
Sarah Bell
vs
M. D. Smith et al
_________________
State of North Carolina} Court of Pleas
Guilford County} & Quarter Sessions
November Term 1840
To the worshipful Justices of the County Court of
Guilford
Sarah Bell } Petition for Dower
vs.
M. D. Smith & others
This respondent Saving and decreeing to
himself all benefit of exceptions to the
many falsehoods & imperfections of this
petitioner presents his case for answer hereto or
to so much thereof as he is advised
is material for him to answer answering
says that Francis Bell decd at the time
stated in this petition, & that he acquired
title to the lands described in this
petition, but wholly denies that the deed to
Robert Bell mentioned by the petitioners
is or ever was declared evid [?] as to petitioners,
and avers[?] as he is advised wholly debois [?]
for claim to dower. He denies plaintiffs right
to dower or damages & prays to be dismissed
with his reason all cases in this case suspended
as is duly bound his case.
John A. Gilmer
Atto for M. D. Smith
M. D. Smith swears that the several matters
of fact set forth in this foregoing petition are
of his own knowledge an true ___[?] not of
his own knowledge his believing to be true
Sworn to Jno M. Logan CCC M. D. Smith
===================================
Court of Pleas & Quarter Sessions
November Term 1840
North Carolina }
Guilford County }
To the worshipful justices of the court of pleas and
quarter sessions for the County & State afordsaid
The petition of Sarah Bell against Madison D. Smith,
Alfred Bell, Samuel Bell, Martha Bell, John Bell, Robt Bell,
Jos Bell, Polly, Francis, Eliza, Sarah, Catherine and
William Bell
Humbling complaining shewth that she is the
widow of Francis Bell late of the County aforesaid, who
departed this life on the 2nd day of March 1839 intestate.
That the said Francis Bell was seized and possessed at
the time of his death of a tract of land situate in the
County aforesaid & lying on the waters of South Buffaloe
adjoining the lands of Robt Donnell, Alfred Bell and others
and bounded as follows viz, Begining at a dogwood on
the ____[?] _____[?] of South Buffaloe thence down
the meanders of said creek to a poplar Robert Donnells
corner, thence west 160 1/2 poles to a post oak then
South 29 poles to a black oak on Alfred Bells line, thence
west 51 poles to a post oak then South 15 1/2 poles to a
black jack then West 32 poles to a stake then on West 75
poles to a white oak then South 46 poles to a post oak then
West 13 1/2 poles to a black oak grub then North
2 1/2 poles to a black oak then West 14 poles to
a black oad grubb then North 37 West to the beginning
containing three hundred & twenty five acres of land
more or less
Your petitioner further shewth unto your
worships that on the 14th day of January 1839 Justices
execution in the favour of Lewis Cobb against Francis Bell,
two in favour of David Cobb, one in favor of Thos Millaway,
three in favour of Judah L. Smith, one in favour of E. & W. Smith
& one in favour of Jas. S. Close from deficents[?] sums[?] of
many were all levied on the aforesaid tract of land of said
F. Bell being then living, that the said executors were return
it to February Term of the Court of pleas for the County of
Guilford and order of sale obtained in favour of the aforesaid
plaintiffs in execution and at May Term of the aforesaid
Court of pleas and quarter sessions the said tract of land
was publically sold at the court house door by the
Sheriff at which time the defendant Madison D. Smith became
the purchaser at the sum of [blank] Dollars -- the said Francis
Bell having died on the 2nd day of March & previously to the
____[?] of sale made by the Sheriff at May Term aforesaid
Your petitioner further shewth unto your
worships that her husband the aforesaid F. Bell on
the 14th day of November 1838 for and in consideration of
the sum of one thousand dollars, purporting to be paid to
him by Robert Bell his son but which in fact and truth was not
paid, ___[?]____[?] sold and conveyed the aforesaid three
hundred and twenty five acres of land to the said Robert
who was in possession at the time of his father's death,
and who remained in possession till some time during
the last Spring
Your petitioners sheweth unto your worships some
short time after the aforesaid M. D. Smith became the
purchaser of hte aforesaid tract of land he _____[?] on
action of ___[?] the county court of Guilford against the
said Robert Bell that the said suit was tried in the County
of Guilford and decided against said Smith, whereafter
he appealed to the Superior Court of said County and
said Smith was finally tried at Spring Term 1840 at which
time the court and jury determined that aforesaid deed of
conveyance from the said F. Bell to his son Robert Bell
was fraudulent & void and that the said M. D. Smith
was entitled to award in that action.
Your petitioners further shewth that a writ of
possession issued from the said Superior Court of
law and the said Robert Bell, and your petitioner who had
continued to reside on the land from the death of her
husband unto that timewas but out of possession by the
sheriff on the [blank] day of [blank] 1840. The said
M. D. Smith put in, your petitioners at the same time claiming
his dower in the said land & remonstrating against the
contract of the said Smith in directing the sheriff to turn
him out of doors
Your petitioner shewth unto your worship that she has
sustained great damage by being thrown out of possession
of the said house and lands, but by loosing a crop of wheat
oats and corn which she had caused to be sown and planted
upon the land which crops the defendant Smith, has saved,
and gathered of ________________________________[?]
to his own use
Your petitioner therefore prays your worship a decree
of this worshipful court giving and allowing to her, her dower
in the aforesaid tract of land & that a writ of dower ____[?] to
the Sheriff of Guilford commanding him to summon a jury
of good and lawfull men to go upon the premises and assign
to her one third of all the lands of which her husband died
seized and possess: And she also prays that the damages
which she has sustained by reason of her being turned out
& kept out of possession by the said Smith, and by reason
of his gathering and using the several crops by her caused to
be sown and planted on said land may be layed off and
assessed to him by the jury and that she may have a
decree of this worshipful court for the recovery of the same
And she prays your worships for all other and further
relief which the nature of her case may require
She also prays your worships that a copy of this
petition may presented to the said defendants and a
Summons come ordering them to appear at the next
turn of this Honorable Court then and there to ____[?]
answer or demur to this petition
And your petitioner as is duly bound will ever
pray HC
Ralph Gorrell Atto
M. D. Smith you will please take note of that the
next Court of pleas & quarter sessions to be held
for the County of Guilford at the Court house in
Greensboro next on the 3rd Monday of November next,
I shall apply to said court to be endowed of the lands
mentioned in the foregoing petition of which my late
husband F. Bell died seized & possessed, and to ___[?]
a writ of dower to the Sheriff directing him to Summon
a jury ___________[?]dower - Sarah Bell
By Ralph Gorrell Atto
===================================
Know all men by these presents that we
Joseph Donnell & Robert Bell acknowledge
ourselves indebted to Madison D. Smith in the
just and full sum of one hundred dollars for the
payment of which will[?] and trusty[?] to be made
and done we bond ourselves our heirs executors
and administrators jointly severally firmly by these
presents sealed with our seals and dated this
19th day of Feby 1841
The condition of the above
obligation is such that if Sarah Bell shall will and
trusty prosecute her suit for dower in the County
Court of Guilford against the said M. D. Smith &
others with effect or in case of failure there in shall will
and trusty pay to the said M. D. Smith all such
costs as shall be assigned against the said Smith
in consequence of said failure then this obligation
to be void otherwise to remain in full force and effect
Test
Robert Gorrell
Robert Bell (seal)
Joseph Donnell (seal)
===================================
We acknowledge service of notice of the
application of Sarah Bell for Dower out of the
lands of her deceased husband F. Bell
Samuel Bell
Mary Bell
Martha Gray
Joseph Bell
Francis Bell
Robert Bell
More About Sarah Bell and Curtis Green:
Marriage: August 1810107
Children of Sarah Bell and Curtis Green are:
- Newton Green, b. July 13, 1814107, d. March 06, 1871107.
- Leroy Pope Green, b. November 10, 1816107.
- +James Addison Green, b. November 10, 1816107.
- Elizabeth Evaline Green, b. March 18, 1818107, d. November 13, 1891107.